THE AREAS OF LEGAL

RESEARCH
SAMBRIDDHI TIMALSINA
BALLB 3rd Year
What is research?

The term research is derived from French term ‘researcher’. It means to see and find out
again. It is the combination of two term ‘re’ and ‘search’. Hence it means for searching
for a new fact.

That is why, it is movement from known to unknown.

Redman and Mary define the research as "systematised efforts to gain knowledge".

PLEASE KNOW: Selecting a number of books in library and spending an hour or more
in the internet searching for something does not count as research because research
requires organization, resourcefulness, reflection and synthesis. It should include
collection of facts, analyzing information and reaching new conclusions.
What is legal research?

Legal research is the systematic investigation of problems concerned with law such as
codes, acts,etc. Research in law is related to pure law or law related to society.

In the case of Mcdowell and Co. Lid. v. Commercial Tax Officer, Justice Chinnapa Reddy
presented his investigation and analysis of cases of tax avoidance in his separate judgment.

Research may be pursued to obtain better knowledge and understanding of any problem of
legal philosophy, legal history, comparative study of problem of system of positive law--
International study of law.

It studies behaviour, opinions and attitudes of human beings as member of the society
under different circumstances.

(Legal research methodology, Dr. S.R.Myneni)

 continued

In legal research the researcher studies aspects of law. Van Dijck et al. (2018, p. 9) define
legal research as ‘research that, either directly or indirectly, takes law as the subject of
examination’.
Curry-Sumner et al. (2010, p. 3) claim that legal research contributes to ‘the body of
knowledge base with respect to the current state of the law’.

Types, nature, objectives

Who can perform the legal research?

Anyone with the need of legal information for mainly;

1. Law students
2. Legal practitioners
3. Law reform agencies
4. Law commission
5. Parliament committees
6. Judges
7. Law teachers
Legal information for legal research

I. Primary sources:
➢ Case laws
➢ Statues
➢ Acts
➢ Regulations
continued

II. Secondary sources:

➢ Legal books
➢ Legal journals
➢ Legal articles
➢ Newspapers
➢ Online sources
➢ Legal dictionaries and encyclopedia
Objectives of Legal Research
●
Evaluative. The objective of a legal research may be evaluative, when the objective of the legal research is to find out
how a legal rule came into being and what it is the research is evaluative in character. For example, to inquire into the
social roots of delinquency is evaluative in character.

● Explicative. When the objective of a legal research is to ascertain the nature, scope and source of law in order to
explain what law is, it is explicative research. If a legal research is conducted to analyse the nature of alcoholisation
and the legal control of it through diverse laws is explicative in nature.

● Identificatory. If the object of a research is to ascertain for whose benefit is made with a legal rule, the nature of the
research is said to be identificatory. If a study is intended to find out the beneficiary toward of land reform laws, it is
identificatory in nature.

● Impact analysis. An impact analysis of a legislation may be the objective of a legal research. A study of the
implementation of labour laws in factories may fall within the being impact analysis.

● Projective or Predictive. A research carried out to find out the degree of social acceptance to the anticipated or
proposed legislation is called projective or predictive research.
Types of legal research

● The purposive research as;

1. Doctrinal 2. Empirical
● On the basis of nature of tools and techniques;
1. Quantitative 2. Qualitative
● Another classification;
1. Descriptive 2. Explanatory
● Background legal research: to know what law is in a particular field.
● Event- driven legal research: for a discrete issue requiring a specific
answer.
continued

● Theoretical research: basic research done for the sake of

knowledge.
● Action research: similar with applied research where research is
done to solve problems of different Acts.
Why Legal research?

1. Ignorance of law is not an excuse: This is the reason why legal research is done
that is is to clarify the meaning of legal texts. This process involves interpreting
statutes, regulations, and case law. It is necessary to discern the intent of
legislators, the implications of judicial decisions, and the application of legal
principles.Joseph Raz has argued that clarity in legal rules is essential for the
rule of law, as it allows individuals to understand and predict legal outcomes.
2. Law Reform: Legal research often highlights areas where existing laws are outdated,
inconsistent, or unjust, providing a foundation for law reform. The work of scholars
like Roscoe Pound has been influential in demonstrating how legal research can drive
social change by identifying and proposing solutions to legal problems.
continued

● Types of research for law reform;

1. Doctrinal legal research: black letter legal research i.e to know the
current state of the law.
a. Analytical research: exploring of what is the existing law is.
b. Historical research: to find out the real need for the existing
provision( like mischief in interpretation)
c. Comparative research: comparing laws, legal system of various
countries and drawing a conclusion whether they are similar or
different from each other.
continued

2. Socio legal research: here law is explored as a social phenomenon.

3. Ethical research method: study of ethics accepted by the society

and the present laws.

4. Statistical research: can be collected from the public and needs a

sample design.
continued

3. Judicial Decision-Making
Judges depend on rigorous legal research to make informed decisions. Legal
research allows them to explore precedents, understand the nuances of legal
arguments, and apply the law consistently across cases.
Benjamin N. Cardozo, in his seminal work "The Nature of the Judicial Process,"
emphasized the importance of thorough legal research in the judicial decision-
making process, arguing that it ensures decisions are consistent, rational, and
just.
● Precedent and legal research: to carry out stare decisis, the study from the
judge part is the must.
continued

● Forensic science and legal research

● New trends in the law

4. To know the opinions of students: example; why do plagiarism

occur?is it due to lack of interest? Or they are struggling to manage?
Thinking they can get away with it?
Conclusion

As law is the part of society and it floats in the society. Hence, legal
research is done to know what law is and how it has evolved and its
practicability in the society. And also to analyse whether a particular
law has been useful in the society or needs measures to reform.
Bibliography

● Legal research methodology by Sanad Devkota and others,

pairavi prakashan)
● Legal research methodology, Dr. S.R.Myneni
● Legal research methodology by Rattan Singh
● An introduction to legal research by LEXISNEXIS.
( AVAILABLE ONLINE)